One of the most frightening experiences a person can be faced with is becoming the victim of a home invasion. If in your home at the time of the crime, this raises the stakes and places you and your family in a potentially dangerous situation. While no one wants to have their privacy violated in this way, when facing an intruder who could possibly be looking to harm you and your family, your primary focus is going to be protecting yourself and your loved ones from harm. In this situation, it is my belief that a person should be able to defend his or her home with an appropriate level of force. However, today’s laws are written in such a way that an individual who chooses to use force could face civil and criminal prosecution, even when the force is warranted and done to protect oneself and ones family.
Recognizing that change is needed, I chose to be the first to cosponsor of Senate Bill 184, legislation designed to clarify Ohio’s Castle Doctrine law and ensure that all Ohioans have the right to defend themselves and their family against violent attack without the fear of legal recourse. Having received hundreds of letters and phones calls from constituents regarding this issue, I wanted to take this opportunity to highlight the bill.
To give the victims of crime more protection under the law, SB 184 will establish the presumption that any person who unlawfully enters a home is doing so with the intent to cause harm to those inside. By making this change in the law, the burden will be shifted to the perpetrator to prove, in court, that they were not breaking into a person’s home to cause harm to those inside. Another important provision included in this bill states that once a person is proven to have acted in self defense, that individual will be immune from civil prosecution. Under current state law, even after a legal finding of self-defense, the victim still faces the possibility of being held liable for damages in a civil lawsuit. If signed into law, SB 184 would bring Ohio in line with 19 other states, including Kentucky, Indiana and Michigan, which already have similar legislation in place.
At the end of the day, it is my goal to ensure that all Ohioans are able to properly defend themselves and their families should the need arise. SB 184 would give every Ohioan a new foothold in the area of self defense and it is my hope that it will also serve as strong deterrent for criminals. I am proud to support this important bill.
